RENTAL CONTRACTS - Laws to change?
Posted: 28 August 2008 08:26 AM  
Expatriator
RankRankRankRank
Total Posts:  682
Joined  2007-11-01

Hi All,
Just wanted to ask if anyone had heard about the rental contracts changing in 2009?
I heard on the grapevine that the ‘Temporada’ - (the 11 month renewable contract) - will soon be made extinct and something new on the horizon?

Any news welcome.

PS - I personally am very happy with the temporada as I have a good relationship (thankfully!) with my landlady -and no prob renewing year on year.

I guess it was different in the past - as I knew it was difficult for owners to get long-term tennants out as it was considered their ‘home/only/primary residence’.  But this changed no?

Profile
 
Posted: 28 August 2008 02:03 PM   [ # 1 ]  
Expatriator
RankRankRankRank
Total Posts:  682
Joined  2007-11-01

Dear Spanish Lawyer,
Thank you for your comprehensive and professional reply.
I guess we will have to wait and see what the final decree is.

I was not aware that under current law I had a right of stay of 5 years (assuming my landlady didn’t need it herself/for her family)..

Is there any indication whatsoever on what the new bill will include? (apart from what you have written?).

In the distinction of temporada or empadron - I have signed (not willingly) that this home is ‘only a temporary residence and not my permanant/only one’, (it was the only way to get the rental) - Yet, realistically, I do not own my own property (in any country), nor do I have an ‘alternative/permanant other address’. (It says - wrongly - in my contract that my permanant/habitual address is my parents in the UK - It was taken from my UK driving licence as ‘proof’ I lived there).

As I say, I am not unduly worried about my situation - and have infact, changed my empadronmento from my previous rented address to this new one. 
I would hope in a court of law that if the landlady was being unreasonable (although I cannot see this???) - then I would not be put on the street at short notice.

All the best,
susan

Profile
 
Posted: 28 August 2008 03:07 PM   [ # 2 ]  
Expatriator
RankRankRankRank
Total Posts:  682
Joined  2007-11-01

Thank you SpL,
Just to expand so it might help others in my situation -
I am glad that I would have some rights if it came to a court situation. (I always knew the contract was very flimsy). 
This IS my main residence, I have proof of living as a resident in Spain since 2000 and working here/in the system for that length of time - and as you say the empadronmento is a great document.  (I started this in 2002 at my previous address) - so no problems proving live/work here and do not go to the UK for any reason other than to visit family.

I do appreciate a landlord/ladys position too - and want to keep harmonious relations at all times.
Your comments/information are very valid and useful to keep in mind should that ever change (?). 

Regards,
sj

Profile